public disclosures of the fbi's policy's manual, it permits the fbi -- the fbi believes it has the authority to collect and map publically available demographic information about racial and ethnic communities in its effort to carry out its duties. i think that the public is concerned. the aclu has filed numerous public record request about this program. and how that authority is being implemented and how it is not leading to wide scale racial and ethnic profiling in intelligence gathering and investigations. >> thank you. so i'm not sitting here right now, i'm not going to be able to give the details of that program because i don't have them in my head. let me say this. the protection of privacy and civil liberties is baked into everything we do now. t we have numerous requirements with respect to ensuring that civil liberties and privacy are protected. in addition, we have numerous officials within the fbi, both in the operational management part of the organization as well as lawyers -- i have a team of i think it's 11 privacy and civil liberties lawyers who, in my opinion, are excellent.

one cannot understand the history of what the fbi did to dr. king without knowing the full story and the full documentary record like child's and harris in since he was still alive we don't have his file. the most profound question for me as a historian focuses on the fbi position that predates jim baker is rule that they will never give up even decades later later, the records documenting the human informants have done to american political movements i have a name to search for a new wonderful story of withers'. to do phenomenal work documenting how people who were a major paid fbi informant against the civil rights movement. even after the judge here in the district court of d.c. held that withers status was without question true and accurate the bureau retained it will never read the sinful the informant file. my second and last quick story back to allies sheriff muhammed and the nation of islam, you know, the story of malcolm and the wonderful pulitzer prize-winning bearberry, he was murdered by a criminal conspiracy organized by the nation

baker is her from the fbi. think my question has to do with what is the lesson that the fbi is drawing currently from the martin luther king case? and how is that applied to new technology. it's not just under fisa surveillance authorities but for example, the fbi's racial and ethnic mapping program which we know from public disclosures the fbi's policy manual for domestic investigations and operations guide permits the fbi or the fbi believes it has the authority to collect and map booklet available demographic information about racial and ethnic communities in its effort to carry out its duties. and i think the public is concerned. the aclu has filed numerous public records request about this program, another authority is being implemented and now it is not leading to widescale racial and ethnic profiling and intelligence gathering investigations? >> thank you. >> so i'm sitting here, right now i will not be able to give the details of the program because it just don't have that in my head. but let me just sa

baker said from the fbi.my question has to do with what is the lesson that the fbi is drawing currently from the martin luther king case? at how does that apply to new technology but it's not just under fisa, defense authorities, but for example, the fbi's racial and ethnic mapping program which we know from public disclosure that the fbi's policy manual for domestic operations guide permits the fbi or the fbi believes it has the authority to collect and map public available demographic information about racial and ethnic communities in its effort to cure out its duties. i think the public is concerned. the aclu has filed numerous public records request about this program. and how that authority is being implemented and how it is not leading to widescale racial and ethnic profiling and intelligence gathering investigation? >> thank you. >> so i missing a button on the ability of the details of that program because i just don't have been in my head. let me just say this. the protection of privacy and civil lib

if the fbi has had a contract with them for a long time, the fbi said they needed apple to get into this, and they did not meet apple. one wonders when they realized they did not meet apple and if the court case was an excuse to get a legal ruling to get into a lot of iphones. the -- ithat is one of think that is something experts have been talking about. it seems the fbi could have done this for a long time, that means judges will be circumspect going forward when they look at these rulings. they will have a second look and say to law enforcement agencies, you are sure you cannot do this. who are you using? have another try and come back. >> we don't know if these founders of this company came out of the army that leads to a lot of companies doing cyber security. it suggests that israel has some of the strongest ability to hack and get information when they want information. >> if you think about it, going back six years now, the bug that infected a lot of factories around the world. people suspect that came out of a combination of israel and the u.s.. >> it is been reported that the u.

>>hy did the fbi denyou access? >> the asset program is so sensitive that they didn't want to have a didiscsurere. i found thato be a dingenuous answer given the fact that this want as paid handsome. and yet head two of the hijackers living i in his home d aprently never tol anybody. then there was lot of negotiation, which atne point had sheikh sing i will testif if you, the joi iniry, will givee immunit from anyuture prosecution. >> since the only thi you can conclude is th he felt that he had very damaging informatn. >> that he wanted immity from something, and that somethingng had to doith his relationship with these two hijackers. >> did you ever speak to the fbi rect, robert muer, about that block? >> absolutely he is the one who id the reas we're not giving y access to sheikh is because the asset progr is veryaluable an we cannot have a outside intrusionnto it. >> did you feellhat was an honest answer? >> well,hat was the director's answer. >>id the hijacke use a it's true what they say.technolh ever. the all

he was detained at scotland yad at the request of the fbi. but. >> the never showed up so they h no alternativeut too release buy um and he rurned to sdiarabia. >> abdullah tried to remain in the u. >> after 9/11 he ted to mry somebody. >> he was tryingo protect his immigration atus. >> he was deported to yemen in y 2004. ra ba was chaed with doment fraud and depoed to jordan in jy o of 2003. his rmmate is still trying to stayhere >> he now has a social security number and he is free t move aboutn thiscountry, w is sheful. >> he waso be deported. he went into immigratiourt an somehow downplayed his involvement with t jackers. and he was subsequently granted asylum. >>>> authorities are sti trying to deport him. and theres this secret. >> there were 27 pages in the joint inquiry tt were redacted >> well, i canell yuch because it's a state secret, classified but i rated prarily to the saudiole in the united states in theths leading up to11. >> wld i be correct to assume thathe pages dealt w with the money ail? that was part of it. >> aignifican

the fbi hacking the san bernardino's terrorist iphone without asking help. how did the fbi do it?are that? >> no. absolutely not. what a crazy story. look, the government wanted apple to build them a back door into all of their phones so they could get into it, apple said no, i agree with that. now the government, what they should have done to begin with, got the information they needed, apple wants to know how. apple's business either. turn about fair play here and if the government could figure out a way to do it completely getting off that privacy. >> our safety over that privacy? >> i agree. i was torn about this when it came up, apple refusing to get the information and now i think everyone should have their best interest. and i think the fbi should not turn that information over to apple, but hopefully they can meet in the middleton going forward. that we ke have some rule ls of fair play here about how to make sure american are kept safe. >> can't we just all get along? what should the fbi say to apple? >> only look for jessica. we're in agreement. except on that whole fik

the fbi is the highest birdie. we can see how the budgets have gone up by 600 million before 9/11 to $3 billion this is just the budget. the question would be why is it five? may be double the budget would have been sufficient or maybe triple the budget would have been sufficient. risk reduction. the fbi has been successful and plots foiled post-9/11. there are very effective before 9/11 and very professional well organized organization. there has been a lot of tipoffs in public as well which is help. let's assume nine out of 10 plots have been deterred or disrupted by the fbi. the risk reduction is very high, 90%. you could be a bit high order bit low but let's say it's 90%. there are some co-benefits in terms of other than just upping an attack. prompt identification in a terrorist like with the boston marathon bombing for four or five days these bombers were on the loose with risk-averse behavior. the boston cbd was shut down. obviously washington at the time and i met people who were afraid to meet a terrorist

they have to provide more information. >> is that fbi or the attorney general? >> that would -- i mean the fbi would provide the -- as i understand it, the raw data to the justice department which would then authorize such a report. >> so stephen, i mean, just wrap your head around this. indictment, criminal referral, report. none of those, obviously, indictment by far the worst, none of those would be good for hillary clinton. >> absolutely not. >> unless the report is a complete exoneration. >> well, even then when you're -- the possibility you're left with is that fbi agents who would have wanted to have gone the other direction do start leaking their own interpretation of the fact they came across. this gets messy at best and very bad at worst. >> can i just add something? think about the politics of this. bernie sanders gave this issue away. so within the democratic party, this is not a liability for hillary. she's got other liabilities but not this one. and as you look to november, if she is running against trump who just been discussing how unpopular and

of syed farook, his iphone, the fbi had it. get into it. they begged apple for help. it became a national story. instead they went the other route and paid over a million dollars to get that phone hacked. they said they did it. they said they got it but never told us what they got. do we think that today's warrants are directly in relation to getting the material off the phone? >> to be frank we don't. we don't know exactly if this is related to marriage fraud that they were investigating, agents were investigating the charges that were leveed against marquez or if this is in relation to the iphone that the fbi was able to break into. we just don't know. what the fbi is confirming is that the warrants were served in corona and elsewhere. >> so i know that i'm beating a dead horse here but while i have you i will, if i can. i recall that you reported at the time the only thing the fbi would tell us after they were able to hack the phone was that they could at least figure out timeline after the killings and who they didn't conta

and we don't know what is what the fbi knew but the. >> may be clear to the fbi based on evidence that'sy been given. that's why i don't want to get into it because we don't know. >> the most important thing that's going to happen is the interview of hillary clinton. everything rides on that. if she can defend her actions and she is not caught. >> i don't know. the guy they gave immunity to. if he contradicts what she says, it goes. that was very good. gentlemen,e really appreciate it. plenty more ahead as the factor moves along this evening. legalized pot is harming the kids in the entire population. we have a report on a new study that may surprise you. then, watters on black americans supporting hillary clinton. >> what do you think hillary's biggest accomplishment is? >> standing by her man? [ laughter ] >> we hope you stay tuned to those reports. a heart attack doesn't care if you run everyday, or if you're young or old. no matter who you are a heart attack can happen without warning. if you've had a heart attack, a bayer aspirin regimen can help prevent another one. be sure to talk

d my problem with the fbi and the appliquÉs is that the fbi was asking the company apple to do somethingtraordinary. which is to create something they did not have, new piece of software. design it, write it, test it, to weaken their own product. that's an extraordinary overreach. imagine what the federal government to make five it citizens or private companies to, what else can they make people create or do just for law-enforcement? to me that was making apple, i think that was the wrong precedents. i'm pleased that they did not go that way. >> host: go ahead caller. >> caller: good morning, i have a question for mr. lou. i was wondering how you feel about the fbi ruling the supreme court ruling that they can hack into any computer without a, warrant's, i was wondering if you could go into more explanation about that? >> guest: sure. that's a great question. that just happened recently. one that allows the fbi and the court to be is that you can have a judge in southern california authorized a search in new york of a computer. that seems problematic to me, i'm gonna study this decision

nfox news went in the fbi training academy. >> fbi stand away from the car and put your hands up and your other hand up. the suspect is an actor. but the car may be ready to blow. and a growing terrorism threat. and the give away was no eye contact. >> yes, she's given commands and not complying and indication of something going on. and what do you need. >> reporter: no agent wants to draw a weapon. >> society celt off and open the dor. >> a thousand analyst and agents will graduate this year. first time it is fundmentally different. >> it is a shift. >> mark martin said agents ran field investigations in one classroom and analyst in the other. when they got done, they would go to the field and we want them to be integrated and it did not make sense. >> we can't show faces. but this takes you inside of the fbi academy and the agents and analyst learn side by side. >> they have a responsibility. >> and games comey talks about the intelligence and investigation. >> it is like searching for a needle in the haystack. and that needle will reassure in the train station wearing a suicide ve

the fbi agents look like they're wrapping up the raid at a home.ims taken to the hospital. he was placed into a nonmarked vehicle, looks like a silver here. and we thoughtok one other pers actually is not clear who she was. but there was some thought that maybe there was a girlfriend or someone he had known to visit. right now, a different scene than when i first arrived on the ground. there is a hand full of vehicles left here at this point. >> things have calmed down but looking live, still, police presence there at visitation valley. >> moving on, the legislature received a proposal to shut down the reminuting institutions for the developmentally xdçdisable. >> sonoma developmental center in the town of eldrid.zv it is one of thee large state run institutions that care for patients with severe developmental disabilities. >> it's a legacy of caring and a place of last resort for folks who have not been nbsuccessful >> kathleen miller is talking about her autistic son, dan. >> he's been kicked out of every community. the state is closing other t

that would be a ton of fbi agents. for instance, in investigation into the oklahoma city bombing, the largest act of home grown terrorism, there were 120 special agents based in oklahoma city and more agents at fbi headquarters in washington working on the case according to the fbi website. in the washington post it would suggest there's a criminal investigation of truly high titanic status. it would have been news very a very good reason. here's the thing. that number, 147, was not correct. it was not even close to correct. here's the washington post's own correction. an earlier version of this article reported that 147 fbi agents have been detailed to the investigation, according to lawmaker briefed. two u.s. law enforcement officials have since told the washington post the figure is too high. the fbi will not provide an exact figure but officials say it's fewer than 50. according to msnbc, a former federal law enforcement official tells msnbc an estimate anywhere near 50 agents is also off base. there are currently

she hasn't heard, she says, from the fbi.e delay and why is there a greater delay than would be rationally expected? >> well, i think everybody anticipates it's coming soon. they've got to work their way through the sequencing of the potential interviews. that's very important undoubtedly as they flipped. lou: my lord, john, they've had eight months on its face! rudy giuliani says 13 federal violations. >> let me tell you, the fbi director said this week, he told it all in response to a number of questions, he said, we want to do it quickly but we've got to do it right, emphasis on the right. lou: you know what disturbs me, ambassador, why does the fbi have to make a choice between quick and right? aren't both possible within the context of vast resources and talent? >> faced with the likely political interference they're worried about that may already be expressing itself through the white house through the attorney general. that's hard for anybody. but i believe that an indictment is coming, i think if they don't indict, i

the fbi made it clear. that phone should be in the position of the fbi. i had cases where i couldn't get a cell phone back even after a criminal investigation was concluded. that phone needs to get back to the fbi and decode and apple needs to step up and help them do that and help solve the mystery. >> perry, and austin. and the phone was returned to austin's parents and peri's parents suing the other parents. why would they not give it to the fbi. >> you have to understand upon as a prosecutor, your job to make sure there is a chain of custody of the evidence. and ultimately if anyone is indakted or charged with foul play, the fact that the phone was in possession. victim's parents could raise reasonable doubts. it should have gone directly to law enforcement and a contention by the family. they have the right intentions. the people lost their son. i can't imagine the pain they feel. but the law has to control here and this has to be done right. >> this brings to mind the case of the san bernardino killers and everything we went to, to break in to that

a high profile case that now involves the fbi and a controversial cover up. she joins us with the latest on this very strange case. >> reporter: good evening vicky well dana reyton reported missing yesterday. his house was raided by the fbi as he gets ready to sue the alameda county sheriff's department. >> reporter: her name is dana rita and her little girl scarlet are safe tonight after they've been missing since march 14th. someone filed a report friday. the same day her boyfriend was arrested by the fbi. petroff was in the news all week. now it appears he's gearing up for a lawsuit. >> and this was probably the worst law enforcement beating on video that we've seen since rodney king. >> reporter: on tuesday petrof's attorney filed a claim against the sheriff's department. >> one of the beaters went up to the witness and said i hope you enjoy the show. >> our policies don't include excess i ive beating. they don't include taking jeweler. they don't include bribing witnesses. >> come to the front door. >> reporter: three days later neighbors said there was

if the fbi has had a contract with them for a long time, the fbi said they needed apple to get into thisne, and they did not meet apple. one wonders why did they realize they did not meet apple and if best need -- not need apple and if the court case was an excuse to get a legal ruling to get into a lot of iphones. >> that is something experts have been talking about. it seems the fbi could have done this for a long time, that means judges will be circumspect going forward when they look at these rulings. they will have a second look and say to law enforcement agencies, are sure you cannot do this. who are you using? have another try and come back. cory: we don't know if these founders of this company -- that leads to a lot of companies doing cyber security. it suggests that israel has some of the strongest ability to hack and get information when they want information. alex: going back six years now, if you think about the bug that infected a lot of factories around the world. people suspect that came out of a combination of israel and the united states. cory: it has been reported that

>> oh, i would think the fbi is going to recommend a prosecution. and it will be a nightmare for mrs. clinton if it's denied by loretta lynch, decides not to proceed. obviously, if they decide to proceed, it will be even worse. loretta lynch is investigating this, along with comey. >> it seems there is a lot of cooperation between the justice department and the fbi on this. >> yeah, so let's not pretend that comey is doing this on his own. he's working with prosecutors and the justice department. and the obama justice department is criminally investigating mrs. clinton. and whether comey does the questioning, fbi agents do the questioning, i guarantee, a dodge prosecutor is going to be there in the office. >> it also seems to make sense that in order for them -- the doj and fbi to have given immunity to the guy who set up this server, ryan pack leoni, they would have had to be involved in that decision, and they would have had to be doing something to try to move this case along. >> those are decisions made by prosecutors, not fbi agents. fbi agents

an fbi s.w.a.t. team demanding he come out. >> come to the front door. hands up. >> reporter: sources say multiple people including petrov and his girlfriend stay here. a woman wearing pajamas is also in handcuffed. >> overnight, neighbors say someone was shot outside the house. >> i didn't know any suspicious in ig was going on. >> it wasn't the first time fbi agents raid the home. abc 7 news released video of a raid. petrov wasn't on their radar, but when agents entered the home, he was inside. during that raid, he was arrested in connection with controlled substances and a firearm. but he was never charged. in an exclusive interview with abc 7 news wednesday, he said it wasn't him. >> i don't know what you're talking about, man. >> federal sources say the latest raid is independent of the overnight shooting. agents walked him away the home and put him in this ford before driving off. >> fbi sources say the warrant and search warrant are sealed for now, but will likely be unsealed after his initial court appearance, and that's very likely to be on mond

make it clear that the fbi's hands are staying clean from politics, the fbi director james comey says personally keeping a close eye on it all. he says the agency will not be rushed and that the timing of the upcoming democratic convention is a non-factor. in a speech to college students in ohio, he also stressed the fbi is more than up to the job of finding the facts. watch. >> i love the fbi because we aspire to, i think we are, three things. we're honest, we're competent and we're independent. we're not perfect. we're competent and we're independent. i stayed close to that investigation to insure that it is done that way. that we have the resources, technology, the people, and that there is no outside influence. harris: meanwhile amid all this hillary clinton does not seem at all concerned about a possible indictment. she says republicans have been after her for ages and investigations like this are just business as usual for her. >> they live in that world of fantasy and hope because they have got a mess on their hands on the republican side. that is not going to happen. there is

with the fbi's response. >> reporter: the fbi is flooded with the requests around the country to hack into iphones. >> we have reason to believe there's relevant evidence on the device that we can use at trial. >> prosecutors say the fbi has already agreed to penetrate the iphone and ipod belonging to 17-year-old hunter wechsler charged with murdering roger and patricia caldwell. >> every law enforcement agency have locked up cell phones and they're in the middle of criminal investigations. >> reporter: the fbi sending a letter to local law enforcement throughout the country saying the fbi will of course consider any tool that might be helpful to our partners. >> potentially they can assist other law enforcement agencies. my guess is that the technique to do it is going to remain classified. >> reporter: in an interview with david muir apple chief tim cook warning of the threat to privacy. >> our smartphones are loaded with our intimate conversations, financial data, health records. >> reporter: and the question here is whether the fbi now has the ability to unlock any iphone or the s

. >> the fbi is exploring options? >> we are, yes, sir. >> are there challenges or concerns using the growth of connected devices you can see coming down the road, obviously, with the technology changing rapidly today? what are some of the challenges you're facing? >> certainly as more and more things in today's world become connected. there's an increasing demand for incrypting those particular services and devices and capabilities. and that's well-warranted and well-merited. again, it presents a challenge for us as mata data is incrypted that presents as challenge as well. we need to be able to access the information and the content. in other words, if a suspect's toaster is connected to their car so that they know it's going to come on at a certain time, that's helpful. but it doesn't help us to know the content of the communication when it comes to developing plots. >> so is there a difference between say, the fbi the way you have to operate captain cohen and the way you operate? >> not much of a difference. becaus

the congress has appropriated just shy of $9 billion for the fbi. now, of that 9 billion, how those dollars are spread across the agency, how is it that the fbi did not know what to do? how can that be? >> if i may, in the aftermath of san bernardino we are looking for any way to identify. >> did you ask apple? would you call apple right away and say

the fbi doesn't have authority to do that. >> the doj clearly working with the fbi to some extent here rule it out. >> i don't know that we'll necessarily get a decision. i could see her just sitting on it. >> andy, thank you, sir. >> thanks, megyn. i thought i married an italian. did the ancestrydna to find out i'm only 16% italian. so i went onto ancestry, soon learned that one of our ancestors was eastern european. this is my ancestor who i didn't know about. [so i use quickbooks and run mye entire business from the cloud. i keep an eye on sales and expenses from anywhere. even down here in the dark i can still see we're having a great month. and celebrate accordingly. i run on quickbooks.that's how i own it. so strap yourselves in businefor action flo!e know. small business edition. oh, no! i'm up to my neck in operating costs! i'll save the day! for plumbers and bakers and scapers of lawn, she's got customized coverage you can count on. you chipped my birdbath! now you're gonna pay! not so fast! i cover more than just cars and trucks. ♪ action flo did somebody say "insurance"? chi

tonight he was the target of an fbi raid. laura malpert is in san francisco with the story. >> reporter: the fbi and san francisco p.d. left the scene a short time ago after serving a search warrant and multiple arrest warrants. rose came home to find this, the fbi raiding a home tied to a federal gun case. >> i had a hunch it was something pretty major. guns or drugs i figured. >> reporter: nbc bay area sources confirm the house be raided is linked to stanislav petrov. today's raid comes after an overnight shooting here where sources say petrov drove a shooting victim to the hospital. the feds say the documents were already being prepared before the shooting. >> you live in this nak neighborhood, it not great. >> reporter: the fbi says they're looking for one person in an ongoing investigation. it's unclear whether petrov is linked to that case or whether any guns were found in the case. police say the man who was shot this morning is expected to be okay. >> laura, thank you. new at 1 11, the streak is finay over. we haven't

fox news went inside the fbi training academy in quantico. virginia. >> fbi, stand away from the car, put your hands up. put your other hand up. the suspect played by an actor is down. but the vehicle may be rigged to blow. >> we had the student come up. they would clear the car. car is clear. and covering. at this point i could come in and handcuff. >> with a growing terrorism threat, these essential skills matter even more. >> to me the give-away was no eye contact. right? >> yes. >> as she's being given commands, but not complying, that's an indication there's something going on. most people go -- what do you need? and they comply immediately. >> no agent wants to draw a weapon. but sometimes there is no choice. >> seat belt off, open the door. >> and nearly 1,000 agents and intelligence analysts will graduate this year. but for the first time since 1908, the train something fundamentally different. >> it is a biblical shift. >> assistant director for training mark morgan said the old program had agents who ran field investigations in one

an fbi s.w.a.t. team demanding he come out. >> come to the front door. hands up. >> reporter: sources say multiple people including petrov and his girlfriend stay here. a woman wearing pajamas is also in handcuffed. >> overnight, neighbors say someone was shot outside the house. >> i didn't know any suspicious in ig was going on. >> it wasn't the first time fbi agents raid the home. abc 7 news released video of a raid. petrov wasn't on their radar, but when agents entered the home, he was inside. during that raid, he was arrested in connection with controlled substances and a firearm. but he was never charged. in an exclusive interview with abc 7 news wednesday, he said it wasn't him. >> i don't know what you're talking about, man. >> federal sources say the latest raid is independent of the overnight shooting. agents walked him away the home and put him in this ford before driving off. >> fbi sources say the warrant and search warrant are sealed for now, but will likely be unsealed after his initial court appearance, and that's very likely to be on mond

. >>> the fbi is raiding a home where a man was shot today.s is a >>> sky 7 is live over theç visitation valley san francisco. the fbi is raiding a home on teddy avenue. >> police say several people were arrested by agents wearing full military type gear. armored vehicles on the street as well. and a man was shot several times this morning outside of the home. sources tell us the interest is that one of the men is the man beaten by two sheriff >> sources say he visits that house often. and they don't know if he lives there, though. >> the man in this video being beaten by deputies in november in clinton park. >> his attorney filed a claim against the department but we've learned since then, that petrov has a long history with police police and been in trouble several more times, going back live now to sky 7 hd, fraekts are at this house in san francisco for this raid. we're staying on top of this and will bring you the latest on abc7 news bay area. >> stay with us. but let's move on. at long last, crab season is underway. as abc7 news reporte

and asked if they want to speak to the fbi. a very dangerous thing for any lawyer to allow his client to do. after that, mrs. clinton will be called in. she is damned if she does. she is damned if she doesn't. if she goes in there they will catch her in materialness of representations because she has been making them for a year on this. if she doesn't go in there. she will defy her statement. i can't wait to talk to the fbi, which, of course, they disbelieve because nobody wants to talks to the fbi when you are the subject of one of their criminal investigations. >> chuck, i'm in the political insiders here. the conventional wisdom is that it's just never going to happen. they are never going to indict her. there is some doubt whether the fbi most forward with the recommendation. >> look. the whole thing boils down to the statutes that she might have violated that pertain to the handling of classified information. and the limiting factor that i have identified that seems to argue that she would not be indicted is the very stron

the fbi doesn't have authority to do that. >> the doj clearly working with the fbi to some extent hereou can't rule it out. >> i don't know that we'll necessarily get a decision. i could see her just sitting on it. >> andy, thank you, sir. >> thanks, megyn. >>> up next, brian kilmeade, bring break. don't miss this. with shoulder pain when... hey joanne, want to trade the all day relief of 2 aleve with 6 tylenol? give up my 2 aleve for 6 tylenol? no thanks. for me... it's aleve. ♪ everything kids touch during cold and flu season sticks with them. make sure the germs they bring home don't stick around. use clorox disinfecting products. because no one kills germs better than clorox. this just got interesting. why pause to take a pill? or stop to find a bathroom? cialis for daily use is approved to treat both erectile dysfunction and the urinary symptoms of bph, like needing to go frequently, day or night. tell your doctor about all your medical conditions and medicines, and ask if your heart is healthy enough for sex do not take cialis if you take nitrates for chest pain, or adempas for p

an ugly legal battle between the fbi and apple suddenly ended when the fbi found a different way to get into the iphone. an israeli newspaper cite industry sources that the company that did the work is called celebrite. their offices are behind me. neither the fbi nor cellabright will comment. but they specialize in mobile device data extraction and description, phone hacking. and that's exactly what the fbi needed in this case. we reached out to cellabrite and the fbi repeatedly. they didn't return our calls and the fbi wouldn't comment. the fbi said only that they used a outside company. but the fbi signed a $200,000 contract with cellabrite the same day the fbi announced it had gained access to the content in the shooter's phone. shares of the parent company soared. at a tech conference in 2014, cellabrite's director told cnn about their work. >> we allow a very deep and detailed access to a lot of information that is on the mobile device. and then it allows them to deduct who did what when, which is the essence of any investigation when you look at it. >> reporter: their technology

the problem is that the fbi, they could have an air tight case. they cannot initiate any charges ultimately and that's going to be done by loretta lynch and the department of justice and potentially with input from the white house or direction from the white house and that's been the angle that i've been concerned about. >> so do you think that the president would be willing to really put his hands on the scales of justice here and try to influence a possible indictment or no indictment decision? >> i think this is the most political politicized justice department we've had in a generation. everything is seen through the lens ever politics and we've seen that time and time again. we saw it with the irs investigation, we saw it with the fast and furious. there's not a lot of confidence for people like me to have. so by me speaking out, let's have an honest decision made once the fbi presents the case because you look at these statutes they are very, very prosecution friendly and if even half of what we've been told in the press is true, she's in so

you have to be careful here because the fbi and the u.s.ttorney's office is not going to be prosecuting case with fuzzy language in facts with custom and practice of private servers and e-mails before and those people -- >> that's not exactly accurate. that's the democratic talking point. nobody went to the length and the depth that hillary clinton did. she put her server at a mom and pop shop, ended up in a bathroom closet. >> agreed. >> talking about top secret information where american methods and names of people and operatives could be compromised and maybe killed. >> i don't disagree with that, sean. she had the other server. people used yahoo! and g-mail. >> not the extent she did. >> that's safer. the reality is the section and not fuss, this isn't fuzzy. if you knowingly and willfully put the material in an unauthorized location it is a crime. punishable by one year in prison and $10,000 for both. that's 181924, the criminal code. i go back to the server issue. different than the way anybody else set it up and occasional use of a p

s office is saying why. >> fbi, move from the door! >> reporter: before fbi agents raided this home friday, neighbors said they heard gunshots overnight. >> i heard four gunshots. >> reporter: a hospital spokesperson confirms christopher passed away. fbi sources say it's unclear what if any connection petrov and this woman have to the shooting. fbi agents arrested petrov and the woman friday night. the warrants remain sealed but court documents from a march raid at the same home reveal more. in this video obined by "abc7 news," you can see fbi and sfpd raiding the home march 8. according to court documents, they were arrested in connection with controlled substances and a firearm. the san francisco district attorney's office did not charge either. a spokesperson now says the arrest on march 8 were part of an ongoing federal investigation. due to the nature of that investigation, we did not receive evidence in a timely manner to support the allegations. and as a result, we discharged the case. 3 1/2 weeks later, that overnight shooting,

now, the congress has appropriated just shy of $9 billion with a "b" for the fbi. now, out of that $9 billion and how those dollars are spread across the agency, how is it that the fbi didn't know what to do? >> yes, ma'am. >> how can that be? >> if i may. in the aftermath of san bernardino, we were looking for any way to identify whether or not -- >> but did you ask apple? did you call apple right away and say we have this in our possession, this is what we need to get, how do we do it because we don't know how? >> we did have discussions with apple. >> when? >> i would have to get -- >> after it was essentially destroyed because more than ten attempts were made relative to the passcode >> i'm not sure. i will have to take that as a question for the record. >> i'd like to know, ms. hess, your response to this. i served for almost a decade on the house intelligence committee. and was the cia director. now he's the former director of cia he has said america is safer with unbreakable end to end encryption. tell me what your response is to that. >> my response -- >> i